ASSIGNMENT

INSTRUCTIONS

You must use correct legal citation at all times. Use the ‘Guide to Legal Research and Citation' which is available on your course site.
All answers should be supported by reference to the relevant provisions of the Migration Act 1958 (Cth), Migration Regulations 1994 (Cth), any other relevant legislation, policy and/or case law.

QUESTION 1: SHORT ANSWERS (750 WORDS)

Joel Kennett is a citizen of South Africa and lives in Cape Town. He is 39 years old and has a wife and a 12 year old son. He is a successful businessman and is interested in moving to Australia to set up a business in the Northern Rivers area of NSW (near Lismore). His sister lives there and he has visited her a number of times.

Joel has 60% ownership in a trucking company in South Africa. The other 40% is owned by his brother who also works in the company. The turnover in the business for the last 3 years has been around AUD1.2 million. The net assets in the business are around AUD500,000 and Joel also owns a home in Cape Town that is worth AUD800,000. There is no mortgage on the home.

Joel started his working life as a Logistics Manager for a large company in South Africa following his graduation from university with a Bachelor of Business degree. He and his brother set up his current company 10 years ago when they purchased one truck and the company has grown steadily since then.

Answer the following questions:

A. What is the most appropriate business visa Class/subclass and stream that Joel is eligible to apply for to come to Australia? Explain. (250 words)

B. Can Joel meet the requirements of having a ‘main business' for the visa identified in Q1A?

Explain your answer with reference to the relevant provisions of the legislation. (200 words)

C. Will Joel meet the required score on the business innovation and investment points test? Explain your answer with reference to the relevant provisions of the legislation. (300 words)

QUESTION 2: LETTER OF ADVICE (750 WORDS)

Mary Jones is an Irish citizen in Australia on a Student (Class TU) Subclass 573 visa. She is 22 years of age and arrived in Australia in July 2011 undertaking a 4 year Bachelor degree at the University of Sydney. She is due to complete her degree in June 2015. Mary finished high school in Ireland in July 2010, she then took 12 months off to travel and work in Europe before starting her studies in Australia.

Mary's mother, Joan, has just been granted a Partner (Residence) (Class BS) Subclass 801 visa in Australia as she has been married to an Australian citizen for 3 years. Apart from the year she spent working in Europe, Mary has lived with Joan since her parents' divorce in 2000. She is currently living in Joan's house in Sydney. She was included in Joan's partner visa application as a non-migrating dependent (she thought at the time that she did not want to live in Australia). Her father is now remarried, living in Canada and has not had anything to do with Mary's life since 2000.

Mary has decided that she loves Australia and would like to know her options for staying here permanently with sponsorship from her mother. She would like to know what issues there might be with the application and what documentation is required to lodge a successful application.

Prepare a letter of advice to Mary explaining:

- the best option to apply for a permanent visa now with sponsorship from her mother;

- any specific issues/criteria she needs to address in the application; and

- what documents she needs to submit to ensure that the requirements in Schedule 2 of the Migration Regulations 1994 (Cth) are met.

QUESTION 3: SUBMISSIONS (750 WORDS)

On Wattle, we have worked through Client File Activities 1 and 2. This question is Client File Activity 3. Before you start answering this question, make sure that you have worked through the earlier activities.

Your client Coco Le Louvre's employer has read the letter of advice and decided that they would go ahead with an application to be approved as a standard business sponsor, a nomination for the position of registered nurse and an application for a Temporary Business Entry (Class UC), subclass 457 visa for Coco. The employer lodged the applications for the Standard Business Sponsorship (SBS) and position nomination on 2 March 2015 but due to some confusion regarding Coco's visa expiry, did not lodge the visa application until 8 March 2015.

The employer has now received a request from DIBP for further information on the nomination and the visa application:

1. The request on the nomination is asking for evidence that the position is genuine and the request letter includes the following statement:
Genuine position

Please provide evidence demonstrating that the position associated with the nominated occupation is genuine. This may include:

• evidence that the position fits within the scope and scale of the business,

• evidence that the position is necessary to the operations of the business,

• an organisation chart,

• evidence that the position has been previously occupied and a statement of reasons why it has become vacant, or

• if the position is new, evidence of new contracts secured by the business/business expansion plans/market research.

2. The request on the visa application asks for evidence that the applicant meets the relevant schedule 3 criteria.

With reference to the relevant provisions of the legislation, write two submissions to DIBP:

- one addressing the request on the nomination concerning genuine position (350 words)

- the second addressing the relevant schedule 3 criteria (400 words)